Wilcox v. Warden, Toledo Correctional Institution

Filing 5

OPINION AND ORDER ADOPTING 4 Report and Recommendation, TRANSFERRING 1 PETITION for Writ of Habeas Corpus to the United States Court of Appeals for the Sixth Circuit as successive. Signed by Judge Michael H. Watson on 8/21/2017. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

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TOBY D. WILCOX,

Petitioner,

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CASE No • 2 : 17-cv-604
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JUDGE MICHAEL H. WATSOffl DIV. C()t dMBIJS
Magistrate Judge Kimberly A. Jolson
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v.
TOLEDO CORRECTIONAL
INSTITUTION,

Respondent.
OPINION AND ORDER
On August 1, 2017, the Magistrate Judge issued a Report and
Recommendation ("R&R") pursuant to Rule 4 of the Rules Governing Section
2254 Cases in the United States District Courts recommending that the petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be transferred to the
United States Court of Appeals for the Sixth Circuit as successive. ECF No. 4.
Although the parties were advised of the right to file objections to the Magistrate
Judge's R&R, and of the consequences of failing to do so. no objections have
been filed.
The R&R, ECF No. 4, is ADOPTED and AFFIRMED. The Petition is
TRANSFERRED to the United States Court of Appeals for the Sixth Circuit as
successive.
Pursuant to Rule 11 of the Rules Governing Section 2254 Cases in the
United States District Courts, the Court now considers whether to issue a

certificate of appealabilty. However, Petitioner has waived the right to appeal by
failing to file objections to the Magistrate Judge's R&R. See Thomas v. Arn, 474
U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The
Court therefore DECLINES to issue a certificate of appealability.
IT IS SO ORDERED.

UNITED STATES DISTRICT COURT

Case No. 2:17-cv-604

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